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,; ~~ IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO ORDINANCE N0.2002 - 029 (1098) AN INTERIM URGENCY ORDINANCE PROHIBITING CONSIDERATION AND APPROVAL OF USE PERMITS, VARIANCES, BUILDING PERMITS, START OF NEW CONSTRUCTION OR OTHER ENTITLEMENTS FOR ALL NEW FAST FOOD ESTABLISHMENTS IN THE COMMERCIAL DOWNTOWN ZONING DISTRICT FOR A PERIOD OF FORTY-FIVE DAYS AND DECLARING THIS ORDINANCE TO BE AN URGENCY MEASURE, TO TAKE EFFECT IMMEDIATELY, AS IT RELATES TO THE PRESERVATION OF PUBLIC PEACE, HEALTH AND SAFETY RECITALS A. In 2002, the City of San Leandro adopted a new General Plan, which includes short-term and long-term goals and policies concerning the development of Downtown San Leandro, and which takes into consideration existing plans and studies including the Downtown Plan and Urban Design Guidelines, adopted in February of 2001, as well as standards and polices applicable to the Plaza Redevelopment Area, adopted by the City's Redevelopment Agency. B. In October of 2002, the City Council was apprised of recent development applications in the nature of new Fast Food and Small-Scale Fast Food restaurants, as those terms are defined in Article 3 of the City's Zoning Code, which have been received and/or considered by the City, which the City Council is concerned may, if allowed to be developed, conflict with and prevent the attainment of applicable goals and policies described above. C. Pursuant to Government Code section 65858, the City Council desires to adopt an interim ordinance on an urgency basis for a period of forty-five days to institute a moratorium on all new Fast Food and small-scale Fast Food restaurants in downtown San Leandro, to allow the City an opportunity to study and consider the potential impact of these and other Fast Food restaurant development proposals on the ability of the City to achieve the aims of its General Plan and other applicable goals and policies. D. This Ordinance does not itself approve or allow the construction of any Fast Food restaurants and, therefore, has no potential for resulting in physical change in the environment, directly or ultimately. Therefore, adoption of this interim ordinance is exempt from environmental review under the California Environmental Quality Act pursuant to Public Resources Code section 21065 based on the finding that this Ordinance is not a "project" within the meaning of Section 15378 of the State CEQA Guidelines. The adoption of this interim ordinance is further exempt from environmental review pursuant to Section 15305 of the State CEQA Guidelines, because it is a minor change in land use regulations that will not result in any changes to underlying zoning standards.